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Prospecting, Government definitions
post Jan 3 2007, 12:01 PM
Post #1

Master Mucker!

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Posts: 4,149
Joined: 7-October 03
From: Colorado
Member No.: 3

For those of you wondering exactly what "prospecting" would be defined as..............

Here is Colorado state gov's definition.

34-32-117 (2).
(12) "Prospecting" means the act of searching for or investigating a mineral deposit.
"Prospecting" includes, but is not limited to, sinking shafts, tunneling, drilling core and bore
holes and digging pits or cuts and other works for the purpose of extracting samples prior
to commencement of development or extraction operations, and the building of roads, access
ways, and other facilities related to such work. The term does not include those activities
which cause no or very little surface disturbance, such as airborne surveys and photographs,
use of instruments or devices which are hand carried or otherwise transported over the
surface to make magnetic, radioactive, or other tests and measurements, boundary or claim
surveying, location work, or other work which causes no greater land disturbance than is
caused by ordinary lawful use of the land by persons not prospecting. The term also does
not include any single activity which results in the disturbance of a single block of land
totaling one thousand six hundred square feet or less of the land's surface, not to exceed two such disturbances per acre; except that the cumulative total of such disturbances will not
exceed five acres statewide in any prospecting operation extending over twenty-four
consecutive months.


This post has been edited by ColoradoProspector: Jan 4 2007, 04:41 PM



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post Jan 27 2007, 11:28 AM
Post #2

Master Mucker!

Group: Admin
Posts: 4,149
Joined: 7-October 03
From: Colorado
Member No.: 3

No more comments/questions yet?! huh.gif

Okay, I'll post a couple questions in.........

Regulations can not be enforced on citizens in place of laws....right?
So what are the regulations for? And how are they used?

Well it could be that if these regs are not used to regulate the citizens that they are used to dictate how the government and it's emplyees do regulate the citizens and or our public lands.
Let's see.......government employees are paid with our tax dollars.
So it makes sense that how they do their job and with what authority would be dictated what?

Ah yes.....the CFR's! The "C"ode of "F"ederal "R"egulations is in fact what contains the do's and don'ts for the government employee's job!
Which are backed by the laws as written in the USC (United States Code)

The regs may not be enforcable on us as citizens, but they are very enforcable to the government's employees who are directed through laws and regulations to know and use these regulations when doing their daily job duties.

Not only are they directed (as requirement of the job) to know and use these regulations, (cfr's, fsm, fsh....etc) they are also required by laws/regs to use them in conjunction with one another. IE.......43cfr (blm primarily) MUST BE USED in all mining decisions FS makes. But wait ....36cfr is for FS right?
Yes, 36cfr is for FS lands. And anyone who has actually read through 36cfr228 for mining activities on NF lands can plainly see that this subpart alone is not only vague but not actually about mining at all........just how to mitigate against it.

The parts they don't want you to know are that they are required (as government employees.....FSH, FSM) to do certain things, use certain regs, and FOSTER/ENCOURAGE certain rights!
Not prevent them!!!!

Another notable fact in the regulations are many "inter-agency agreements" (quoted in many cfr's) as not only part of the requirement of the job.....but also used to present the use of the regs by the officials in a "fair and consistent manner"!

Just because a law/regualtion/code isn't enforcable upon you as a citizen doesn't mean it isn't enforcable some where, some how, on some overzealous misinformed rights stomper wearing a uniform! mad.gif

Knowing more of what ANY LAWS/REGS/CODES say pertaining to the activity in question will better for the persons involved!

Want to look up some more on your own?......... Here is a great link to access all USC, CFR, PLO .....etc
GPO Access website

Guess that was more than a "couple" questions! tongue.gif laugh.gif



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Posts in this topic
- ColoradoProspector   Prospecting   Jan 3 2007, 12:01 PM
- - ColoradoProspector   Hey All! I just edited the title of this thr...   Jan 4 2007, 05:11 PM
- - jmann   Well I think Im in bussiness. Joe   Jan 4 2007, 05:44 PM
- - russau   reading this didnt help my cabin fever one bit...   Jan 5 2007, 05:09 AM
- - ColoradoProspector   Glad you guys like this thread....I just happened ...   Jan 5 2007, 12:36 PM
- - ColoradoProspector   No more comments/questions yet?! Okay, I...   Jan 27 2007, 11:28 AM
|- - faaus   CP, you ,ake some very interesting points in this ...   Nov 22 2008, 09:22 PM
- - ColoradoProspector   Thought there would be more discussions on this th...   Nov 13 2008, 09:09 AM
- - ColoradoProspector   Thanks Faaus, Seemed like all those quotes kinda ...   Nov 25 2008, 01:14 PM
- - Mrs.CP   Great information Dan! How about that it woul...   Oct 15 2009, 07:13 AM
- - nm jack   Ok here is a question. If I'm dredging on my c...   Oct 16 2009, 06:45 AM
- - russau   QUOTE (nm jack @ Oct 16 2009, 07:45 AM) ...   Oct 16 2009, 06:59 AM
|- - Scratch60   QUOTE (russau @ Oct 16 2009, 08:59 AM) th...   Aug 12 2012, 12:03 PM
- - nm jack   Thanks Russ. I very seldom ask a question here I d...   Oct 16 2009, 08:37 AM
|- - russau   search the 1866 and the 1872 mining laws. or over ...   Oct 17 2009, 04:53 AM
- - Mrs.CP   No reason to send them to another site Russ. We ha...   Oct 17 2009, 05:12 AM
- - ColoradoProspector   Thank you Denise, you are correct too. Most the in...   Oct 17 2009, 10:20 AM
- - bottledigger   Great info, Thanks to   Feb 21 2010, 10:56 AM
|- - ColoradoProspector   QUOTE (bottledigger @ Feb 21 2010, 10:56 ...   Feb 23 2010, 02:23 PM
- - bottledigger   This is old, but I kept it in my computer. CP,If i...   Feb 21 2010, 11:03 AM
- - russau   before you attempt ot throw the 1866/1872 mining l...   Aug 12 2012, 05:31 PM
- - ColoradoProspector   Hi Scratch, The FS is not even authorized to regu...   Aug 13 2012, 06:34 PM
- - Crusty   Today's thread posted to the Facebook page...   Feb 1 2015, 08:53 AM
- - Olog the Ogre   I'm late to the conversation, but based upon a...   Mar 16 2017, 11:30 AM
|- - MikeS   I would argue the first clause Olog mentioned abou...   Mar 17 2017, 12:57 PM
- - johnnybravo300   The fast answers..... You can't file a claim o...   Mar 16 2017, 01:37 PM
- - johnnybravo300   The casual use term is a strange one.   Mar 16 2017, 04:25 PM
- - johnnybravo300   I've only seen written approval needed for som...   Mar 17 2017, 08:35 PM

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